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2025 DAILYLAW 158657 (ALL)

STATE OF U.P. THRU. PRIN. SECY. EXCISE DEPTT. LKO. AND ANOTHER v. RAJENDRA KUMAR SHARMA AND ANOTHER

WRIA/7050/2022 · 2025-08-22

Manjive Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49407-DB Court No. - 1 Case :- WRIT - A No. - 7050 of 2022 Petitioner :- State Of U.P. Thru. Prin. Secy. Excise Deptt. Lko. And Another Respondent :- Rajendra Kumar Sharma And Another Counsel for Petitioner :- C.S.C. Counsel for Respondent :- Jai Kumar,Yogendra Mishra Hon'ble Rajan Roy,J. Hon'ble Manjive Shukla,J. Heard. By means of this petition, the State has challenged the judgment and order dated 28.11.2017 allowing the claim petition of the opposite party Officer quashing the judgment and order dated 12.08.2016, imposing a minor punishment of censure and stoppage of one increment for two years. The opposite party has already retired in October, 2024. Apart from it, when we peruse the judgment of the Tribunal and other documents on record, we find that there is a finding by the Enquiry Officer in respect of charge no. 1 that the deficiency in the specimen collected on 19.12.2008 had, in fact, taken place prior to the said date, and that the opposite party herein had seen the work only for one day i.e. 13.12.2008, accordingly, he was not responsible for the said below grade molasses. Based on the same, the Tribunal has found that the indictment of the Officer in respect of charge no. 2 of having misled the higher authorities that he was not looking after the work at the relevant time when the specimen was collected i.e. on 19.12.2008, has been found to be untenable by the Tribunal. The indictment in respect of charge no. 2 is contrary to the finding in respect of charge no. 1. We do not find any error whatsoever by the Tribunal for interference under Article 226 of the Constitution of India. The writ petition is accordingly dismissed. Order Date :- 22.8.2025 Lokesh Kumar [Manjive Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench